Demonstrating Good Cause for Late Intervention: Differing ALJ Analyses

When seeking to intervene in a Federal Energy Regulatory Commission (FERC, or the Commission) proceeding after the timely intervention deadline, is the movant required to demonstrate good cause for failing to file its motion within the time prescribed?

This White Paper examines differing approaches taken by the Commission and its ALJs when considering whether a movant seeking to intervene out-of-time has demonstrated good cause for not filing within the time prescribed.